Court Of Final Appeal (Hong Kong) Research Materials




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Court of Final Appeal of Hong Kong
香港終審法院
Hong Kong SAR Regional Emblem.svg
Established 1997
Country  Hong Kong,  China
Location 1 Battery Path, Central, Hong Kong[1]
Coordinates 22°16′45.75″N 114°9′34.71″E / 22.2793750°N 114.1596417°E / 22.2793750; 114.1596417Coordinates: 22°16′45.75″N 114°9′34.71″E / 22.2793750°N 114.1596417°E / 22.2793750; 114.1596417
Authorized by Hong Kong Basic Law
Website HK Judiciary
Chief Justice
Currently Geoffrey Ma
Since September 1, 2010
The Former French Mission Building in Central is currently used as the Court of Final Appeal.
Court of Final Appeal in Central

The Court of Final Appeal of Hong Kong (Chinese: 香港終審法院) is the court with the final adjudication power on the laws of Hong Kong.

Before 1 July 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The sovereignty of Hong Kong was transferred from the United Kingdom to the People's Republic of China on 1 July 1997, and the Court of Final Appeal was thereby established in Central, Hong Kong. Since then, it serves as the court of last resort, thus executing the power of final adjudication on the laws of Hong Kong.

Under the Basic Law, the constitutional document of Hong Kong, the special administrative region remains a common law jurisdiction. Judges from other common law jurisdictions (including England and Wales) can be recruited and serve in the judiciary according to Article 92 of the Basic Law.

The court has the power of final adjudication with respect to the law of Hong Kong as well as the power of final interpretation over local laws including the power to strike down local ordinances on the grounds of inconsistency with the Basic Law[2][3] The power of final interpretation of national law including the Basic Law is vested in the Standing Committee of the National People's Congress of China (NPCSC) by virtue of Article 158 of the Basic Law and by the Constitution of the PRC, however national laws which are not explicitly listed in Annex III of the Basic Law are not operative in Hong Kong.

Article 158 delegates such power to the courts of Hong Kong for interpretation while handling court cases. Although this arrangement has attracted criticism of "undermining judicial independence", an interpretation by the NPCSC does not affect any court judgments already rendered. Controversy regarding this power of interpretation arose in the right of abode issue in 1999.

Contents

Building

Since its inception, the court has been located in the Former French Mission Building, in Central.[4] The Hong Kong Government is planning to relocate it to the present Legislative Council Building, which was originally designed to be a law court and was once the location of the colonial Supreme Court (1912-1985), in 2015 following renovations.

List of judges

Permanent judges

Title and name Date of birth Appointed by Took office Prior positions
Chief Justice of the Court of Final Appeal
The Hon Mr Justice Geoffrey Ma
January 1956  Hong Kong Donald Tsang 2010 Barrister since 1978, Recorder of the Court of First Instance of the High Court (2000-2001), Judge of the Court of First Instance (2001-2002), Justice of Appeal of the Court of Appeal (2002-2003), Chief Judge of the High Court in Hong Kong (2003-2010)
The Hon Mr Justice Chan 1948  Hong Kong Tung Chee-Hwa 2000 Judge of the District Court (1987-1991), Deputy Registrar of the High Court (1991-1992), Judge of the High Court (1992-1997), Chief Judge of the High Court (1997-2000)
The Hon Mr Justice Ribeiro 1949  Hong Kong Tung Chee-Hwa 2000 Former legal academic and lawyer since 1979, Recorder of the High Court (1997-1999), Judge of the High Court (1999-2000), Justice of Appeal of the Court of Appeal (2000)
The Hon Mr Justice Tang 1947  Hong Kong Leung Chun-ying 2012 Barrister since 1970, Deputy District Judge 1982-1986, Deputy High Court Judge 1986-1995, Recorder for the High Court of Justice/Court of First Instance 1995-2005, Vice President of the Court of Appeal (2006-2012), Justice of Appeal of the Court of Appeal (2005)
Hkpol.jpg
Politics and government of Hong Kong

Basic Law
Chief Executive: Leung Chun-ying
Government
Chief Secretary: Carrie Lam
Financial Secretary: John Tsang
Secretary for Justice: Rimsky Yuen
Executive Council
    Convenor: Lam Woon-kwong
Bureaus, depts, etc.
Political Appointments
Accountability System
Hong Kong Civil Service
Legislative Council
President: Jasper Tsang
Geographical constituency
Functional constituency
Elections
Political parties
   Pan-democracy camp
   Pro-Beijing camp
Judiciary
Court of Final Appeal
    Chief Justice: Geoffrey Ma
High Court
Districts
District Councils
Human rights
Foreign relations
Universal suffrage

Other Hong Kong topics
Culture - Economy
Education - Geography - History
Hong Kong Portal

Non-Permanent judges

Title and name Date of birth Appointed by Took office Prior positions
Mr Gerald Nazareth, GBS Vice President of the Court of Appeal of Hong Kong, Justice of the Court of Appeal of Bermuda
The Hon. Justice John B. Mortimer, GBS QC 7 August 1931  United Kingdom Tung Chee-Hwa 1997
The Hon Henry Litton, GBM 1934  Hong Kong Tung Chee-Hwa 1997 Chairman of Hong Kong Bar Association; Vice President of the Hong Kong Court of Appeal 1995-1997; Permanent Judge of the Court of Final Appeal 1997-2000
The Hon Sir Anthony Mason 21 April 1925  Australia Tung Chee-Hwa 1997 Former Chief Justice of the High Court of Australia and judge of the Supreme Court of New South Wales
The Rt Hon the Lord Hoffmann 8 May 1934  South Africa Tung Chee-Hwa Lord of Appeal in Ordinary (Law Lord) of the UK House of Lords; former Lord Justice of Appeal
The Hon Sir Gerard Brennan 22 May 1928  Australia Tung Chee-Hwa 2000 Former Chief Justice of Australia, High Court of Australia; Federal Court of Australia
The Rt Hon the Lord Millett 23 June 1932  United Kingdom Tung Chee-Hwa 2000 Law Lord, House of Lords (UK)
The Rt Hon the Lord Woolf of Barnes 2 May 1933  United Kingdom Tung Chee-Hwa 2003 Lord of Appeal in Ordinary (Law Lord); and former Lord Chief Justice of England and Wales
The Rt Hon the Lord Scott of Foscote 2 October 1934  South Africa Tung Chee-Hwa 2003 Lord of Appeal in Ordinary (Law Lord); former justice of High Court of Justice of England and Wales (Chancery Division), Lord Justice of Appeal, Vice-Chancellor of the Supreme Court
The Hon. Michael McHugh 1 November 1935  Australia Donald Tsang 2005 Former justice of the High Court of Australia
The Rt Hon Sir Thomas Gault 31 October 1938  New Zealand Donald Tsang
The Hon. Murray Gleeson, AC 30 August 1938  Australia Donald Tsang 2008 Former chief justice of the High Court of Australia
The Rt Hon the Lord Walker of Gestingthorpe 17 March 1938  United Kingdom Donald Tsang
The Hon Michael J. Hartmann 24 July 1944  British India Donald Tsang 2010 Justice of the Court of Appeal of Hong Kong, Justice of the Court of First Instance of Hong Kong, Judge of the District Court of Hong Kong
The Rt Hon the Lord Neuberger of Abbotsbury 10 January 1948  United Kingdom Donald Tsang
The Rt Hon the Lord Collins of Mapesbury 7 May 1941  United Kingdom Donald Tsang 2011 Justice of the Supreme Court of the United Kingdom; Lord of Appeal in Ordinary (Law Lord); Lord Justice of Appeal
The Rt Hon the Lord Clarke of Stone-cum-Ebony 13 May 1943  United Kingdom Donald Tsang 2011 Justice of the Supreme Court of the United Kingdom; Master of the Rolls and Records of the Chancery of England; Lord Justice of Appeal
The Hon Mr Justice Bokhary 1947  Hong Kong Leung Chun-ying 2012 Judge of the High Court (1989-1993), Justice of Appeal of the Court of Appeal (1993-1997), Permanent Judge of the Court of Appeal (1997-2012)
The Hon Mr Justice Spigelman, AC 1946  Poland Leung Chun-ying 2013 Chief Justice of the Supreme Court of New South Wales (1998-2011)
The Hon Mr Justice Gummow, AC 1942  Australia Leung Chun-ying 2013 Justice of the High Court of Australia (1995-2012)

See also

References

  1. ^ "judiciary.gov.hk: Contact Us". 
  2. ^ http://www.doj.gov.hk/eng/public/basiclaw/basic13_2.pdf
  3. ^ www.doj.gov.hk/eng/public/basiclaw/basic10_3.pdf
  4. ^ Finance Committee - Public Works Subcommittee (Papers) 8 Nov 95: "Conversion of the French Mission Building into the Court of Final Appeal"

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